RTC defers Barangay Luz demolition

CEBU, Philippines - Regional Trial Court Judge Ramon Daomilas of Branch 11 has held in abeyance the implementation of the order of demolition against the residents of three sitios in Barangay Luz pending resolution of the Cebu City Council.

Defense lawyer Ferdie Riveral told the court that he was able to contact councilor Alvin Dizon, chairman of the Committee on Housing, who allegedly told him that they will be releasing the resolution on Wednesday.

The resolution will determine whether or not the City Council will authorize Mayor Michael Rama to expropriate the lots occupied by the parties subject for demolition.

With that manifestation, Daomilas asked lawyer Collin Russell of the Office of the Division for the Welfare of the Urban Poor (DWUP) if they were ready as to the position of the City Council (whether or not to expropriate the lot or to relocate the 29 affected families).

Russell said “I cannot say that we are prepared,” and added that relocating the affected families was a “long issue.”

Daomilas then gave the City Council until Wednesday to submit their resolution and set the hearing on September 28, 2012, Friday at 1:30 p.m.

Daomilas said he cannot wait for the City Council any longer, “I cannot wait anymore. I want a definite position on Friday,” he said.

Earlier, the City of Cebu filed an urgent motion to stop the execution of the writ of demolition and to issue a status quo order. The scheduled demolition was supposedly set yesterday.

Lawyer Leslie Reyes of the City of Cebu said the non-compliance of the Homeowners Associations (HOAs) to furnish the DWUP a list of the people who are “to take over and/or allocated with the lot” blocks their proper negotiation regarding the purchase of the said lots.

Yesterday, Reyes averred that they received the list of the people which they asked from the counsels of HOAs.

The affected families are from Sitios Mabuhay, Nangka and Lubi. Earlier, they filed a civil case for injunction and preliminary mandatory injunction against their homeowners association seeking for partial annulment of the contracts and certificates of title.

The defendants of the case were Sitio Nangka Homeowners Association Inc., Sitio Mabuhay Homeowners Association Inc., Sitio Lubi Homeowners Association and the Province of Cebu.  (FREEMAN)